SmallGovCon Week In Review: Feb. 3-7, 2014

Posted on February 7, 2014 by Steven Koprince

We are digging out after a snowstorm here in the Midwest, and I plan to stay warm tomorrow by cheering on the Jayhawks in their game against West Virginia. But before I turn my attention to Andrew Wiggins, Joel Embiid and company, there are plenty of government contracts headlines worth sharing.

In this week’s SmallGovCon Week In Review, some 8(a) companies question whether they program had brought them any advantages, a commentator discusses the “blessing and curse” of mentor-protege agreements, the government may meet its 23% small business goal for FY 2013, and much more.

SBA OHA: Prime Contractor Not Economically Dependent On Subcontractor

Posted on February 7, 2014 by Steven Koprince

A prime contractor was not economically dependent on its subcontractor for purposes of the SBA affiliation rules because a prime contractor “has the power to choose whatever subcontractor it desires.”

In a recent size appeal decision, the SBA Office of Hearings and Appeals stopped short of holding that a prime contractor could never be economically dependent on a subcontractor, but SBA OHA’s decision indicates that if such dependence ever existed, it would be in an unusual case.

Event: GovCon Legal Update At Alliance Northwest

Posted on February 6, 2014 by Steven Koprince

Are you interested in recent legal developments in government contracting? Are you located in the Pacific Northwest? If you answered “yes,” then I have good news. I am pleased to announce that I will be presenting a workshop entitled “Government Contracts Legal Update 2014” at the Alliance Northwest Conference on March 13, 2014.

My workshop will cover recent developments and trends in government contracts law, with a special emphasis on legal developments affecting small businesses. I will also be on hand throughout the day at the Petefish, Immel, Heeb & Hird booth to answer questions about the presentation, discuss other areas of government contracts law, or chat about the dominating Super Bowl victory by the hometown Seahawks.

If you haven’t attended Alliance Northwest before, don’t miss out this year. As the largest business-to-government conference in the Pacific Northwest, Alliance Northwest features hundreds of government buyers, large prime contractors, and small government contractors. The event includes networking, educational workshops, and matchmaking sessions. Visit the Alliance Northwest website to learn more.

See you in March!

HUBZone Certifications Averaging 116 Days–And Other Tidbits From The SBA OIG HUBZone Report

Posted on February 6, 2014 by Steven Koprince

HUBZone certifications are averaging 116 days from the date of application to the date of certification, according to a fascinating SBA Office of Inspector General Report on the HUBZone certification process. The 116-day time frame is considerably longer than the SBA’s goal of 90 days. However, in a majority of cases, the SBA does complete the certification process within 90 days of receiving all of the applicant’s supporting documentation.

In addition to an overview of the time frames associated with a HUBZone certification (a question I am often asked), the SBA OIG report concludes that the SBA’s HUBZone application procedures need updating–and that three potentially ineligible firms were certified in 2012.

Discussions: Second Bite At The Apple Not Required, Says GAO

Posted on February 4, 2014 by Steven Koprince

An agency does not need to reopen discussions to allow an offeror to address a weakness first introduced in a revised proposal.

In a recent bid protest decision, the GAO held that an agency properly eliminated an offeror from the competitive range where the offeror, in a revised proposal submitted after discussions, introduced a new weakness.

Thank You, Texas!

Posted on January 31, 2014 by Steven Koprince

I am back in Lawrence after a trip to the Lone Star State, where I spoke at the Fort Bliss Regional Contracting Industry Day. My presentation, “The Legal Benefits and Pitfalls of Teaming Arrangements” focused on the upsides and potential drawbacks of teaming and joint venturing on federal set-aside contracts.

A big “thank you” to Joe Conway and the team at the El Paso Community College Contract Opportunities Center for hosting this outstanding event. And of course, extra thanks to all the government employees, large businesses, and small business owners who attended.

If you weren’t able to make it to the Fort Bliss Regional Contracting Industry Day, you don’t have to be left out. Just contact me and I would be happy to provide you with a copy of the presentation.

Contractor Delays Reading Solicitation; GAO Denies Proposal Extension

Posted on January 31, 2014 by Steven Koprince

A contractor’s technical problems in accessing a solicitation did not entitle the contractor to an extension to submit its proposal, because the contractor delayed attempting to read the solicitation until nearly three weeks after it was issued.

In a recent bid protest decision, the GAO suggested that the contractor’s failure to try to access the solicitation was unreasonable, and held and that the agency was justified in refusing to extend the proposal due date.